International Justice Monitor

A project of the Open Society Justice Initiative

Who’s Who

The Accused

William Samoei Ruto: Currently he is the Deputy President of the Republic of Kenya. At the time of the attacks he was a senior member of the Orange Democratic Movement (ODM).

Joshua arap Sang: Head of operation at at Kass FM radio station until October 2012. At the time of the attacks, Sang was the host of Kass FM’s popular breakfast show, Lenee Emet, which directly translated from Kalenjin means “what the countryis talking about.”

Uhuru Muigai Kenyatta: Currently he is the President of the Republic of Kenya. At the time of the attacks he was a senior member of the Party of National Unity (PNU).

The Prosecution

  • Fatou Bensouda, Prosecutor
  • Anton Steynberg, Senior Trial Attorney for Case One (Ruto and Sang)
  • Cynthia Tai, Senior Trial Attorney for Case One
  • Adesola Adeboyajo, Senior Trial Attorney for Case Two (Kenyatta)

The Defense for William Samoei Ruto

  • Karim Khan
  • David Hooper
  • Shyamala Alagendra
  • Venkateswari Alegandra
  • Essa Faal

The Defense for Joshua Arap Sang

  • Joseph Kipchumba Kigen-Katwa
  • Silas Chekera
  • Logan Hambrick

The Defense for Uhuru Muigai Kenyatta

  • Steven Kay
  • Gillian Higgins

The Office of Public Counsel for the Defense

  • Xavier-Jean Keïta

The Office of Public Counsel for Victims

  • Paolina Massidda

Judges of Trial Chamber V(A)

  • Judge Chile Eboe-Osuji (Presiding)
  • Judge Olga Herrera Carbuccia
  • Judge Robert Fremr

Judges of Trial Chamber V(B)

  • Judge Kuniko Ozaki (Presiding)
  • Judge Chile Eboe-Osuji
  • Judge Robert Fremr

Registry

  • Herman von Hebel, Registrar
  • Didier Preira, Deputy Registrar
  • Maria Luisa Martinod-Jacome, Victims and Witnesses Unit
  • Fiona McKay, Victims Participation and Reparations Section
  • Esteban Peralta Losilla, Defense Support Section

Key groups, organizations and individuals that could be referred to during proceedings

  • PNU: The Party of National Unity. The ruling party at the time of the December 2007 elections, led by President Mwai Kibaki. The party ceased to exist after the March 2013 General Elections.
  • President Mwai Kibaki: Former leader of the Party of National Unity. He served as President of Kenya from December 2002 to April 2013.
  • ODM: The Orange Democratic Movement. The opposition party at the time of the December 2007 elections, led by Raila Odinga. The ODM formed a power-sharing coalition government with the Party of National Unity after the disputed December 2007 elections. After the March 2013 General Elections, ODM became an opposition party in the National Assembly and Senate.
  • Raila Odinga: Leader of the Orange Democratic Movement and presidential candidate at the time of the December 2007 elections. He contested the 2013 presidential election and lost.
  • Kofi Annan: Former UN Secretary-General and chair of the African Union-appointed team sent to mediate between the two political parties during the post-election violence.
  • Mohammed Hussein Ali: The Commissioner of Police at the time of the 2007 elections. He left the police in September 2009 but remained in public service until May 2012. The ICC Prosecutor had named him as one of the three suspects in Kenya case two. Judges of Pre-Trial Chamber II, however, declined in January 2012 to confirm the charges against Ali.
  • Henry Kiprono Kosgey: The Chairman of the Orange Democratic Movement (ODM) during the 2007 elections. The ICC Prosecutor had named him as one of the three suspects in Kenya case one. Judges of Pre-Trial Chamber II, however, declined in January 2012 to confirm the charges against Kosgey. Although he remains the Chairman of the Orange Democratic Movement, Kosgey reduced his political engagements after the March 2013 elections.
  • Francis Kirimi Muthaura: Served as the Head of the Public Service and Secretary to the Cabinet in the lead up to the 2007 elections and after. In his capacity as the Head of Public Service, Muthaura also chaired the National Security Advisory Committee. Muthaura left public service in January 2012. It is for Muthaura’s role as the chairman of the National Security Advisory Committee that the ICC Prosecutor sought to charge him for crimes against humanity. In March 2013, however, the prosecutor filed a notice to withdraw the charges against Muthaura. Trial judges later confirmed the withdrawal of the charges against him.
  • Kikuyu: The largest ethnic group in Kenya. President Mwai Kibaki is ethnic Kikuyu, and people of Kikuyu ethnicity were perceived to be supporters of the PNU during the post-election violence.
  • Kamba: An ethnic group whose members were perceived to be supporters of the PNU during the post-election violence.
  • Kisii: An ethnic group whose members were perceived to be supporters of the PNU during the post-election violence.
  • Meru: An ethnic group whose members were perceived to be supporters of the PNU during the post-election violence.
  • Kalenjin: An ethnic group indigenous to the Great Rift Valley, whose members were perceived as supporters of the ODM during the post-election violence.
  • Luhya: The second largest ethnic group in Kenya. People of Luhya ethnicity were targeted in the post-election violence both as perceived supporters of the ODM and of the PNU.
  • Luo: The third largest ethnic group in Kenya. People of Luo ethnicity were perceived to be supporters of the ODM during the post-election violence.
  • Mungiki: A criminal gang allegedly mobilized by Kikuyu leaders during the post-election violence to carry out attacks on non-Kikuyu groups.
  • The Waki Commission or the Commission of Inquiry on Post-Election Violence (CIPEV): The international body established by the government of Kenya in February 2008 to investigate the post-election violence. It became known as the Waki Commission after its chair, the Kenyan Court of Appeals Judge Philip Waki. The Waki Commission submitted a report and recommendations to the government of Kenya in October 2008.

Places that could be referred to during the proceedings

  • Rift Valley province: Up until the 2013 elections, Kenya was divided into administrative units called provinces. The largest of them was the Rift Valley Province, running north to south across the west of the country. Here, the distribution of land has historically caused conflict between ethnic groups perceived as indigenous to the region (such as the Kalenjin) and those perceived as ‘outsiders’ (such as the Kikuyu). This province was one of those most affected by the post-election violence. Particularly violent attacks were allegedly carried out in the southern cities of Eldoret, Naivasha, and Nakuru.
  • Nairobi province: the province that is home to Kenya’s capital city Nairobi, where much of the post-election violence took place. Nairobi’s slum districts, notably the largest slum Kibera, were reportedly key areas of police violence and Kikuyu gang violence.
  • Western province: one of Kenya’s smaller provinces and one of those most affected by violence, particularly in the area of Mount Elgon.
  • Central province: One of Kenya’s smaller provinces, this area remained relatively calm during the election campaign and the voting and counting period; tensions only rose and violence broke out after attacks on the Kikuyu in the Rift Valley.
  • Coast province: the province in the south-east of the country comprising the coastal strip along the Indian Ocean. Violence was allegedly directed at the Kikuyu and Meru communities here.
  • Nyanza province: one of Kenya’s smaller provinces in the south-west of the country, and one of those most affected by the post-election violence, particularly police violence.
  • Kisumu: a city in Nyanza province and a traditional stronghold of Raila Odinga, the ODM presidential candidate, where many ODM-led protests and PNU-led attacks took place.